Miss T Chauhan v Specialist Computer Centres plc — 2019

Miss T Chauhan brought claims for unauthorised deductions from wages, sex discrimination and race discrimination after resigning on 10 March 2017. The tribunal recorded that the wages claim should have been presented by 10 July 2017 and that the discrimination claims were subject to the three-month time limit in s.123 Equality Act 2010. The hearing before Employment Judge Butler was confined to whether those claims could proceed out of time.

The tribunal heard evidence from the claimant, Mr Handley and Ms Jordan. It found the claimant's evidence unreliable, including her account of homeworking and the delay in bringing proceedings. The tribunal found the respondent did not operate a homeworking policy, that the claimant did not regularly work from home and did so without an expectation of payment, that she was aware of the potential claims by December 2016, and that her psychological issues did not prevent her from presenting the claim in time. It also noted that she had been legally advised throughout and started new employment on 10 April 2017.

Applying the reasonable practicability test under s.23(4) ERA 1996 and Dedman, the tribunal held it was reasonably practicable to bring the unauthorised deductions claim in time and said it was in any event without merit. For the discrimination claims, the tribunal applied the just and equitable test under s.123(1) Equality Act 2010, considering the Caston and Keeble factors, and concluded that the claims were about 10 months late, there were no good reasons for the delay, and it would not be just and equitable to extend time. All claims were therefore held out of time and the tribunal said it had no jurisdiction to hear them.